Tag Archives: BP oil spill

America: A Criminal Enterprise?

9 Jun

The Psychopathic Criminal Enterprise Called America

by Prof. John Kozy

Most Americans know that politicians make promises they never fulfill; few know that politicians make promises they lack the means to fulfill, as President Obama’s political posturing on the Deepwater Horizon disaster in the Gulf of Mexico makes perfectly clear.

Obama has made the following statements:

He told his “independent commission” investigating the Gulf oil spill to “thoroughly examine the disaster and its causes to ensure that the nation never faces such a catastrophe again.” Aside from the fact that presidential commissions have a history of providing dubious reports and ineffective recommendations, does anyone really believe that a way can be found to prevent industrial accidents from happening ever again? Even if the commissions findings and recommendations succeed in reducing the likelihood of such accidents, doesn’t this disaster prove that it only takes one? And unlikely events happen every day.

The president has said, “if laws are insufficient, they’ll be changed.” But no president has this ability, only Congress has, and the president must surely know how difficult getting the Congress to effectively change anything is. He also said that “if government oversight wasn’t tough enough, that will change, too.” Will it? Even if he replaces every person in an oversight position, he can’t guarantee it. The people who receive regulatory positions always have ties to the industries they oversee and can look forward to lucrative jobs in those industries when they leave governmental service. As long as corporate money is allowed to influence governmental action, neither the Congress nor regulators can be expected to change the laws or regulatory practices in ways that make them effective, and there is nothing any president can do about it. Even the Congress’ attempt to raise the corporate liability limit for oil spills from $75 million to $10 billion has already hit a snag.

The President has said that “if laws were broken, those responsible will be brought to justice” and that BP would be held accountable for the “horrific disaster.” He said BP will be paying the bill, and BP has said it takes responsibility for the clean-up and will pay compensation for “legitimate and objectively verifiable” claims for property damage, personal injury, and commercial losses. But “justice” is rendered in American courts, not by the executive branch. Any attempts to hold BP responsible will be adjudicated in the courts at the same snail’s pace that the responsibility for the Exxon-Mobile Alaska oil spill was adjudicated and likely will have the same results.

The Exxon Valdez oil spill occurred in Prince William Sound on March 24, 1989. In Baker v. Exxon, an Anchorage jury awarded $287 million for actual damages and $5 billion for punitive damages, but after nineteen years of appellate jurisprudence, the Supreme Court on June 25, 2008 issued a ruling reducing the punitive damages to $507.5 million, roughly a tenth of the original jury’s award. Furthermore, even that amount was reduced further by nineteen years of inflation. By that time, many of the people who would have been compensated by these funds had died.

The establishment calls this justice. Do you? Do those of you who reside in the coastal states that will ultimately be affected by the Deepwater Horizon disaster really believe that the President can make good on this promise of holding BP responsible? By the time all the lawsuits filed in response to this disaster wend their ways through the legal system, Mr. Obama will be grayed, wizened, and ensconced in a plush chair in an Obama Presidential Library, completely out of the picture and devoid of all responsibility.

Politicians who engage in this duplicitous posturing know that they can’t fulfill their promises. They know they are lying; yet they do it pathologically. Aesop writes, “A liar will not be believed, even when he speaks the truth.” Perhaps that’s why politicians never do.

Government in America consists of law. Legislators write it, executives apply it, and courts adjudicate it. But the law is a lie. We are told to respect the law and that it protects us. But it doesn’t. Think about it people! The law and law enforcement only come into play secundum vitium (after the crime). The police don’t show up before you’re assaulted, robbed, or murdered; they come after. So how does that protect you? Yes, if a relationship of trust is violated, you can sue if you can afford it, and even that’s not a sure thing. (Remember the victims of the Exxon-Valdez disaster!) Even if the person who violated the relationship gets sanctioned, will you be “made whole”? Most likely not! Relying on the law is a fool’s errand. It’s enacted, enforced, and adjudicated by liars.

The law is a great crime, far greater than the activities it outlaws, and there’s no way you can protect yourself from it. The establishment protects itself. The law does not protect people. It is merely an instrument of retribution. It can only be used, often ineffectively, to get back at the malefactor. It never un-dos the crime. Executing the murderer doesn’t bring back the dead. Putting Ponzi schemers in jail doesn’t get your money back. And holding BP responsible won’t restore the Louisiana marshes, won’t bring back the dead marine and other wildlife, and won’t compensate the victims for their losses. Carefully watch what happens over the next twenty years as the government uses the law to shield BP, Transocean, and Halliburton while the claims of those affected by the spill disappear into the quicksand of the American legal system.

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